HomeMy WebLinkAbout12-035 - Carosino Rinaldo / Carosino Lorraine - Right of Entry (Riverton Creek Access)12 -035
Council Approval NIA
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT "Agreement is entered into this I b day of
L 2012 by and between Rinaldo and Lorraine Carosino, hereinafter referred to as
the "Grantor(s)," and TUKWILA, a noncharter optional municipal code city hereinafter referred
to as the "Grantee
WHEREAS the Grantor owns property located at 12521 East Marginal Way South in
Tukwila, Washington, which is also known as King County parcel number 7345600545. (the
"Premises and
WHEREAS a Riverton Creek pipe inlet is located on the Premises; and
WHEREAS the Grantee desires and the Grantor(s) agrees to grant the Grantee access to
the Premises to inspect the Riverton Creek pipe inlet and to remove vegetation and clear debris
for the purpose of reducing flooding potential.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration the receipt of which is hereby acknowledged, it is agreed as follows:
1. The Grantor shall grant the Grantee, and Grantee's its officers, officials,
employees, agents, and contractors, a non exclusive license to enter the Premises to inspect the
Riverton Creek pipe inlet and remove vegetation and debris that impact function of the pipe inlet
or increase flooding potential.
2. Grantor represents and warrants that it is the owner of the Premises.
3. Grantee shall have the right of ingress and egress, in a reasonable manner, to and
from the Premises, to conduct the work (the "Entry Said Entry shall be limited to the hours
between 7:00 a.m. and 5:00 p.m., except during flood emergencies, and shall be limited in scope
and duration as is reasonably necessary for the performance of the Work.
4. The Work may be conducted with some disruption to the Premises. The Grantee
shall seek to minimize disruption of the Premises.
5. Grantor(s) and Grantee acknowledge that this Agreement is in no way intended to
place future maintenance responsibilities on the Grantee. Whether to enter the property and
conduct maintenance is up the sole discretion of the Grantee.
6. The Grantee shall complete all Work at its sole cost and expense.
7. Either party may terminate this Agreement for any reason upon thirty (30) days'
written notice to the other party.
8. This Agreement is the entire agreement of the parties and supersedes any prior
agreement with respect to the subject matter hereof. This Agreement may not be modified or
assigned without the written consent of the parties. If a court of competent jurisdiction deems
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any provision of this Agreement invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
9. This Agreement may be executed in identical counterparts.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above
written.
GRANTOR(S) GRANTEE —CITY OF TUKWILA
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APPROVED AS TO FORM:
By:
City Attorney
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